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Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....rocedure on matters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of recovery of khas possession on declaration of plaintiff-petitioners title over property described in schedule to plai......at the instance of defendant-opposite party on three points which are: (i) To relay plaintiff’s deed to ascertain whether plaintiff is in possession of area covered by purchase deed or much more land in his possession. (ii) To relay whether defendant has been possessing any lands in excess o......Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigatio......oking this Court’s Civil Revisional Jurisdiction on laying petition under section 115 of the Code of Civil Procedure. 2. The fate of Civil Revision petition hinges on answer to the following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil ..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....ceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred the suit land to one Sufia Khatun and delivered possession. The latter got her name recorded in the R.S. Khatian and possessed the suit land till sh......ssed by the learned additional Assistant Judge, 3rd Court, Dhaka in Title Suit No.51 of 1997 is void and is not binding on the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land measuring about 96 decimals appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and......) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..Category: Property Law | Date: | Hits: 39
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ...... Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......of the receipt of the record by the learned A.D.M. on 10.3.85. He submitted that after 22.5.85 the learned A.D.M. has not extended the period by another 30 days as required under the law. Now the question is how the working days are to be calculated. 6. The learned Deputy Attorney General sub..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......opy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139....... the instant pending proceeding against all the 42 accused petitioners, accused of murder, would not come within the mischief of section 339 C (4) of the Code of Criminal Procedure and therefore no question of stopping the proceeding against them would arise. 26. We find no illegality in the or..Category: Criminal Law | Date: | Hits: 30
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136....... is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......llegal.
3. The respondent No. 1 filed affidavit-in-opposition wherein it was stated that the resolution was adopted by Upazila Parishad unanimously as also in the public interest and therefore the question of quashing the resolution did not arise at all. It was also stated that the resolution was..
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......gly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ...... line in the provision as to what facts would constitute an appropriate case no hard and fast rule can be laid down in this respect. Each case has to be decided on the facts of individual case. The question whether on the setting aside of a wrongful dismissal reinstatement should be allowed or s..Category: Labour and Industrial Law | Date: | Hits: 124
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....he Code of Civil Procedure for being added as parties to the aforesaid probate proceeding on the ground that the petitioner No. 1 auction purchased the ease property long ago and obtained delivery of possession through Court and thereafter sold some portion thereof to opposite-party Nos. 2 & 3 a......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......afa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......oved this Court under Section 115 of the Code of Civil Procedure and obtained the present Rule. 6. We have perused the record and heard the learned Advocate for the petitioners at length. The only question that has to be decided in this case is whether the petitioners are entitled to be added as ..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......d Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ging either the second show cause notices provisionally removing them from the service of the Trading Corporation of Bangladesh or the order of removal from service itself. As they involve common question of law, they have been heard together and will be disposed of by the same judgment. 2. T..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....ka 42 lac at the time of taking the original loan and, as such, they had no further properties to furnish additional security for their requested loan of Taka 25,00,000.00. At that time the financial possession of the defendant was very bad/and the plaintiff-bank having refused to grant him any fres......iable one. The plaintiff-bank sanctioned a loan of Taka 9.70 lac being Taka 7 lac for capital finance and Taka 2, 70,000.00 for working capital. The defendants spent Taka 10 lac from his own fund for land, land development, construction of factory building, etc, in anticipation of reimbursement from......bdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Kohinoor Chemical Co. Ltd. Vs. Royal Exchange Assurance 25 DLR 155; Kutubuddin Jaigirdar Vs. Nurjahan B...... their filing the Money Suit for compensation against the bank. 16. We have already found that the suit is instituted by the plaintiff appellant is premature and is liable to be dismissed. But the question arose whether we can dismiss the suit when no appeal or objection has been filed by the def..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......he record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......e, the fact remains that the petitioner prayed for giving a direction for holding investigation about the allegation contained in the report published in the above newspaper.
3. To determine the question whether such a direction for holding investigation can be given, we are to consider the re..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y decision of the government was illegal, unethical and against public interest. The respondents served the 3rd final notice dated 24.5.2009 annexure C-2 on the petitioner asking her to hand over the possession of the house in question to the Military Estate Officer by 30.06.2009 when the writ petit......otice dated 7.5.2009 upon the petitioner (annexure-C1) asking her to show cause as to why she should not be directed to return the property in question within 15 days stating further reasons that the land in question being Class A-1 military land as per rule 5(i) of CLA Rules, 1937 the leasing of th......ion. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......2009 (annexure-C) asking the petitioner to return the property situated at 6, Shaheed Moinul Road, Dhaka Cantonment stating the reasons that there was no law for transferring the military property in question to any civilian and that there was also no reason of any public nature for transferring the..Category: Property Law | Date: | Hits: 88
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....to identify them if shown, he did not arrange for holding any TI parade of the dacoits. The PW 10 also admitted that he did not search the house of any accused nor he could recover any booty from the possession of any accused. PW 10 in his examination-in-chief stated that he arrested the accused Joy......hat the prosecution case was not established by cogent oral evidence of the PWs examined by the prosecution, he then turned to so called confessional statements of the accused appellants for his safe landing for passing the order of conviction and sentence against the appellants and another and that......h if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......id not properly follow the requirement of section 164 of Cr.P.C. before recording the statement of the accused under the said section and all the columns were not properly filled in by him by putting question to the accused-persons and the reply he received from them. The defence has seriously chall..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....n of the accused which do not inspire any confidence to be true and voluntary. These accused persons were not identified by any of the witnesses nor any articles of the dacoity were seized from their possession and therefore, there is no other evidence against them. 33. In such view of the matter......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... and banyan tree of Ataiqullah Road and during the dacoity, the dacoits injured PW 4 Md Abdul Quddus alias Abdul Baten and also stabbed Rajab Ali, the van driver, who died on the spot. 27. Now the question is, whether the prosecution could prove the charge under section 396 of the Penal Code agai..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....of the award created vide registered instrument dated 04.05.1981 by the defendant Nos.2-4 contending, inter alia, that the plaintiff and the defendant are two full brothers and they had been in joint possession in their paternal property as shown in schedule No.2 to the plaint. For peaceful settleme...... accordingly, an Achalnama was executed on 02.01.1980. The Arbitrator issued notice upon the parties on 30.03.1980 fixing the date 30.04.1980 for supplying them necessary papers for settlement of the land. On the prayer of the parties the date of supplying papers were shifted on 30.05.1980, 30.06.19...... the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......bitrators extended time fixing 30.05.1980, 30.06.1980, 30.10.1980 and 30.12.1980. The disputed lands were measured on 20.02.1981and thereafter the award was written on 04.05.1981 dividing the land in question between two brothers. From the evidence on record it is clear that both the brothers have s..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....dag Nos.7132, 7134, 7138, 7137 and 7136 and they became recorded tenant in the khatians. Dag No.7133 belonged to defendant No.1 which is in khatian Nos. 473/475. Western portion of dag No.7134 was in possession of the defendant and to avoid yearly bamboo fence, they erected a pucca wall. The plainti......of Title Suit No.17 of 1992 filed in Civil Revision and the High Court Division by the impugned judgment discharged the Rule and hence this petition. 6. The case of the petitioner is that the suit land is a wide passage, 6 feet in breath and 210 feet in length, only pathway of the plaintiffs, on ......e find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......which is in khatian Nos. 473/475. Western portion of dag No.7134 was in possession of the defendant and to avoid yearly bamboo fence, they erected a pucca wall. The plaintiff’s right of easement in question is on dag No.7112. The plaintiff or his predecessors were never in use of pathway. The plai..Category: Property Law | Date: | Hits: 33
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......e by filing written statement. The main contention as set out in tile written statement filed by the Bank authority is that 1st party Sekendar Ali Howladar is not a permanent worker and, as such, the question of his getting facilities does not arise at all. According to the Bank Authority, the 1st p..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ....... Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......re. 3. The High Court Division, on the contention that the liability, if any, was of civil nature, held that since the petitioner allegedly denied to deposit the toll money to the complainant, the question of civil liability does not arise. 4. Mr. Khurshid Alam Khan, the learned Advocate, appe..Category: Criminal Law | Date: | Hits: 43
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......e that the opposite party as plaintiff filed Title Suit No. 306 of 1989 in the Court of Assistant Judge, 1st Court, Dhaka against the opposite parties and the petitioner for partition of 0.65 acre of land out of 1.36 acres of plot No. 125 of CS Khatian No. 53 of Mouza Gajmahal PS Mohammadpur, Distri......posite Party No. 1. Md. Khalilur Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Sen......for the petitioner and the opposite party Nos. 2(a) and 2(b) on the acceptance of the report of the Advocate Commissioner by the court below and accordingly, I have heard the learned Advocates on the question of maintainability. 7. Mr. Mahmudul Islam submits that the trial Court after accepting t..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....ls of land is still unutilized has been specifically denied by the respondent No. 3 in its affidavit-in-opposition. It is further stated that the land in question was requisitioned on 23-9-65 and the possession of the same was taken over and handed over to the respondent No. 3 on 19-1-66 and since t...... Kazi Ebadul Hoque J. -Rule in Writ Petition No. 2921 of 1998 was issued at the instance of the petitioners calling upon the respondents to show cause as to why 6 bighas and 13 decimals of unused land of the petitioners shown in Annexure-C series should not be directed to be released in favour o......are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......4 decimals of unused land of the petitioners shown in Annexure ‘B’ should not be directed to be released in their favour as not being required by the requiring body respondent RAJUK. 3. Common question having been raised in both the Rules these are being disposed of by this judgment. 4. Ca..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... required Income Tax and VAT. Lease deed between the Government of the People’s Republic of Bangladesh, defendant opposite party No.1 and defendant-opposite party No.8 was executed on 25-4-1999 and possession of Suit Hat was made over to defendant-opposite party No.8 on the same day. 6. Plainti...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......uris Secondum Vol. 21 Para 193;Bengal Immunity Company Ltd Vs. State of Bihar, AIR1955; Carnal Improvement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (15, 24 & 29). Lawyers Involved: Shamusddin Choudhury, with Faisal Mahmud Faizee, Advocates—For the Petitioner. Mahmudul Islam, Attorney...... the suit. 3. The Code of Civil Procedure will be hereinafter referred to as the Code in this judgment. 4. The facts of the Civil Revision Petition hinges on the answer is short but substantial question is whether the property of an order recorded by a Court below refusing to grant temporary i..Category: Property Law | Date: | Hits: 34
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